[Title] Exchange of Notes between the Government of Japan and the Commission of the European Communities concerning the processing of nuclear material of Japanese origin into mixed oxide fuel in the Kingdom of Belgium
(Japanese Note)
Tokyo, February 10, 1997
Excellency,I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and of the Commission of the European Communities (hereinafter referred to as "the Commission") exercising the powers and jurisdiction conferred on it in accordance with the provisions of the Treaty establishing the European Atomic Energy Community (hereinafter referred to as "EURATOM") and acting on behalf of EURATOM, concerning the planned fabrication in the Kingdom of Belgium of mixed-oxide fuel which will be returned to Japan and used for commercial power reactors in Japan.
I have further the honour to confirm the following understanding on behalf of the Government of Japan, bearing in mind that Japan and all the Member States of EURATOM are parties to the Treaty on the Non- Proliferation of Nuclear Weapons, and act in conformity with the principles contained in the "Guidelines for Nuclear Transfers", published as the document of the International Atomic Energy Agency (hereinafter referred to as "the Agency") INFCIRC/254/Rev. 2/Part 1 and recognizing that the Agreement between the Government of Japan and the Government of the French Republic for Cooperation in the Peaceful Uses of Nuclear Energy, as amended, is in force:
1. In the territory of the Kingdom of Belgium:
(1) the Commission shall ensure that the plutonium and the uranium specified in paragraph 1 of the Annex to this Note (hereinafter referred to as "the Nuclear Material") shall be subject to the safeguards applied by EURATOM pursuant to the Treaty establishing the European Atomic Energy Community and shall be subject to the agreement between EURATOM, its non-nuclear-weapon Member States and the Agency in implementation of Article III 1 and 4 of the Treaty of the Non-Proliferation of Nuclear Weapons, which entered into force on February 21, 1977;
(2) further to subparagraph (1) above, the Commission shall ensure that the Nuclear Material shall be used only for the intended peaceful non-explosive purpose set forth in paragraph 2 of the Annex to this Note;
(3) further to the subparagraphs above, the Commission shall ensure that the Nuclear Material shall not be located in any place other than the facilities specified in paragraph 3 of the Annex to this Note, as declared by the undertakings concerned; and
(4) further to the above, the Commission confirms that adequate measures of physical protection will be applied by the Government of the Kingdom of Belgium to the Nuclear Material, as a minimum, at levels which satisfy the criteria set out in Annex C of the Agency document INFCIRC/254/Rev. 2/Part 1.
2. Notwithstanding the provisions of subparagraph (3) of paragraph 1 of this Note, the Nuclear Material in the form of mixed-oxide fuel may be transferred as specified in paragraph 2 of the Annex to this Note to the French Republic with at least one month's prior written notice to the Government of Japan of the intended transfer.
3. The Nuclear Material shall no longer be subject to the provisions of paragraph 1 of this Note if the Commission and the Agency determine, in accordance with the provisions for the termination of safeguards in the agreement for the application of the safeguards by the Agency referred to in subparagraph (1) of paragraph 1 of this Note, that the Nuclear Material has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practically irrecoverable.
4. The Government of Japan and the Commission shall consult with each other, at the request of either of them, on any matter concerning this Note with a view to finding a mutually acceptable solution.
5. Nothing in the provisions of this Note shall be construed to prejudice the existing or future agreements between the Government of Japan and EURATOM or between the Government of Japan and the Government of a Member State of EURATOM.
I have further the honour to propose that this Note and Your Excellency's Note in reply shall be, from the date of Your Excellency's Note in reply onwards, the agreement between the Government of Japan and the Commission on the understanding set out above.
Accept, Excellency, the renewed assurances of my highest consideration.
(Signed) Yukihiko Ikeda
Minister for Foreign Affairs
of Japan
His Excellency
Mr. Jorn Keck
Ambassador and Head of the Delegation
of the European Commission
ANNEX
1. Specifications of the Nuclear Material
(1) Plutonium
(i) Details
A total of 483 kg of plutonium recovered in the French Republic from nuclear fuel irradiated in Japan, which is owned by a Japanese undertaking.
(ii) Schedule of Transfer
221 kg of the plutonium will be transferred after the date of Your Excellency's Note in reply but not later than September 1997 and 262 kg of the plutonium after March 1997 but not later than July 1998 from the French Republic to the Kingdom of Belgium.
(2) Uranium
(i) Details
A total of 3,088 kg of natural uranium and uranium enriched above natural but less than 10 percent in the isotope 235, which is owned by a Japanese undertaking.
(ii) Schedule of Transfer
One half of the 3,088 kg of uranium will be transferred after the date of Your Excellency's Note in reply but not later than September 1997 and the other half after March 1997 but not later than July 1998 from Japan to the Kingdom of Belgium.
2. Use of the Nuclear Material
The Nuclear Material will be used for the fabrication of the mixed-oxide fuel at the facilities specified in subparagraphs (1) and (2) of paragraph 3 of this Annex. After fabrication, the mixed-oxide fuel will be returned to Japan via the French Republic and used for commercial power reactors in Japan.
3. Fabrication facilities in the Kingdom of Belgium
(1) Belgonucleaire Dessel
Europalaan 20, B-2480 Dessel
(2) Franco-Belge de Fabrication de Combustible International
Europalaan 12, B-2480 Dessel
(The Commission's Note)
Tokyo, February 10, 1997
Excellency,I have the honour to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:
"(Japanese Note)"
I have further the honour to confirm on behalf of the Commission of the European Communities (hereinafter referred to as "the Commission") exercising the powers and jurisdiction conferred on it in accordance with the provisions of the Treaty establishing the European Atomic Energy Community (hereinafter referred to as "EURATOM") and acting on behalf of EURATOM, that Your Excellency's Note and this Note in reply shall be, from today's date onwards, the agreement between the Commission and the Government of Japan on the understanding set out in Your Excellency's Note.
Accept, Excellency, the renewed assurances of my highest consideration.
(Signed) Jorn Keck
Ambassador and Head of the Delegation
o f the European Commission
His Excellency
Mr. Yukihiko Ikeda
Minister for Foreign Affairs
of Japan